RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01467
		
 			COUNSEL:  XXXXX XXXXXXXX
		
			HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be retroactively promoted to the grade of E-6 with a date of 
rank of 1 April 2011.

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APPLICANT CONTENDS THAT:

He has been unable to progress through the Air Force ranks due 
to no fault of his own.  He was promoted to E-5 in the Marine 
Corps on 1 April 2006 and selected for promotion to E-6 in 2009.  
He transferred into the Air Force on 15 July 2009.  He was 
forced to take a rank reduction to accept active duty orders 
into the Air Force.  He has been in the Air Force for 3 years 
and 7 months and has not been afforded the opportunity for 
promotion.   

The Air Force is forcing him out of the service for lack of 
progression when no opportunity was afforded.  It is arbitrary 
to only consider total time for high year tenure vice his actual 
Air Force time and the forced rank reduction that now places his 
career in jeopardy.

In support of his appeal, the applicant provides a personal 
statement, e-mail correspondence, referenced AFI’s and his 
waiver request.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant is a member of the Air Force serving in the grade 
of staff sergeant. 

On 16 May 2013, he was notified that his request to extend his 
high year tenure was approved.  The applicant now has a high 
year tenure of 29 September 2015 and a separation date of 
15 July 2015.

The remaining relevant facts pertaining to this case are 
contained in the letter prepared by the Air Force office of 
primary responsibility which is listed at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSOAR does not make a recommendation.  The applicant was 
approved for retraining into 1C311 under the Disqualified Airman 
Retraining Program.  His class dates were 13 May 2013 to 2 July 
2013.  He met all the administrative requirements for 
retraining.

The complete DPSOAR evaluation is at Exhibit C.

AFPC/DPSOE recommends denial.  The applicant entered active duty 
as a senior airman on 16 July 2009 with prior service in the 
United States Marine Corps.  All data on prior service members 
is verified by AFPC/DPSIPE, Prior Service Enlisted Accessions, 
to determine rank, date of rank etc.  It was determined the 
applicant’s date of rank to senior airman was 16 July 2009, 
which, in itself, made him eligible for promotion consideration 
to staff sergeant for cycle 10E5.  However, he did not possess 
the required 5-skill level in accordance with AFI 36-2502, 
Airman Promotion Program.

The minimum basic eligibility criteria for promotion to staff 
sergeant is 6 months time-in-grade as a senior airman, 3 years 
time-in-service, a primary Air Force Specialty Code (PAFSC) at 
the 5-skill level and a recommendation from the commander.  The 
applicant was ineligible for promotion consideration to staff 
sergeant for cycle 10E5 because he did not possess a PAFSC at 
the 5-skill level.  In accordance with AFI 36-2502, a member 
must possess a PAFSC at 5-skill level by the respective 
promotion eligibility cutoff date for the cycle.  The PECD for 
cycle was 31 March 2010.  As of that date, the applicant had not 
obtained his 5-skill level.

Additionally, the applicant does not have an enlisted 
performance report (EPR) on file.  In accordance with AFI 36-
2502, all eligible members are required to have an EPR that 
closed out within 5 years of the PECD to compete for promotion.  
If a member does not have an EPR on file, they cannot be 
considered for promotion until their next projected EPR closes 
out, or until a directed by Headquarters Air Force EPR is 
completed for promotion consideration.  At that time, the 
applicant will be considered supplementally.

The applicant has never been eligible for consideration for 
promotion to technical sergeant.

The complete DPSOE evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

The applicant states he was promoted to staff sergeant effective 
1 September 2013.  He tested for promotion in 2010 but was 
unable to be promoted due to his EPR not being completed.  Had 
an EPR been completed and submitted, he believes he would have 
been promoted the first time he tested.  

He has missed a lot of promotion opportunities over the past 
4 years.  He previously held the ranks of E-5 and E-6 in the 
Marine Corps more than 4 years ago.

The applicant’s complete response, with attachments, is at 
Exhibit F.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing 
law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  After 
thoroughly reviewing the applicant’s submission, the evidence of 
record and the applicant’s response to the Air Force advisories, 
we are not persuaded that he is entitled to the relief he seeks.  
The applicant contends that he was denied promotion opportunity 
due to his EPR not being completed; however, we note the 
applicant was not eligible for promotion consideration as he had 
not yet achieved his 5-level.  Additionally, once the applicant 
obtained his 5-level, he was retroactively promoted to E-5.  In 
this instance, the applicant requests retroactive promotion to 
E-6; however, he is not yet eligible for promotion consideration 
to E-6.  Therefore, we agree with the opinion and recommendation 
of AFPC/DPSOE and adopt its rationale as the basis for our 
conclusion that the applicant is ineligible for promotion 
consideration to E-6.  In the absence of persuasive evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of an error or injustice; that the 
application was denied without a personal appearance; and that 
the application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-01467 in Executive Session on 7 January 2014, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 13 Mar 12, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records
     Exhibit C.  Letter, AFPC/DPSOAR, dated 20 May 13.
     Exhibit D.  Letter, AFPC/DPSOE, dated 26 Apr 13.
     Exhibit E.  Letter, SAF/MRBR, dated 7 Jun 13.
     Exhibit F.  Letter, Applicant’s Response, 23 Sep 13, w/atchs.